§ 2907 — Farm machinery retailer license requirements; license fee; additional fee on aggregate gross receipts; statements required

(a) To the extent that any person is engaged in the business of selling farm machinery, supplies or materials which are to be directly consumed or used by the purchaser in the conduct of any business, such person shall be exempt from § 2905 of this title and shall be subject to the provisions of this section. All other sales by farm machinery retailers shall be governed by § 2905 of this title.

(b) All persons defined in subsection (a) of this section desiring to engage in business in this State shall first obtain a license from the Department of Finance and pay therefor a fee of $75 for each place of business. Such license shall be valid until January 1 at which time it may be renewed for a full year and every year thereafter; provided, that the farm machinery retailer pays the fees required by subsection (c) of this section, makes application therefor and payment of $75 for each place of business.

(c) (1) In addition to the license fee required by subsection (b) of this section, every farm machinery retailer shall also pay a license fee at the rate of 0.0996% of the aggregate gross receipts attributable to all goods sold by the farm machinery retailer within this State, which fee shall be payable monthly on or before the twentieth day of each month with respect to the aggregate gross receipts for the immediately preceding month. In computing the fee due on such aggregate gross receipts for each month, there shall be allowed a deduction of $100,000. For purposes of this subsection all branches or entities comprising an enterprise with common ownership or common direction and control shall be allowed only 1 monthly deduction from the aggregate gross receipts of the entire enterprise. The monthly returns shall be accompanied by a certified statement on such forms as the Department of Finance shall require in computing the fee due.

(2) Notwithstanding paragraph (c)(1) of this section, if the taxable gross receipts prescribed therein during the lookback period as defined in § 2122 of this title do not exceed the applicable threshold of $3,000,000, the return and payment of the additional license fee imposed for such month shall be due on or before the last day of the first month following the close of the quarter. (The applicable threshold in this paragraph (c)(2) is subject to annual adjustment as more fully set forth in § 515 of this title.) In the case of such return, in computing the fee due on such aggregate gross receipts for each quarter, there shall be allowed a deduction of $300,000. For purposes of this paragraph (c)(2), all branches or entities comprising an enterprise with common ownership or common direction and control shall be allowed only 1 quarterly deduction from the aggregate gross receipts of the entire enterprise. The quarterly return shall be accompanied by a certified statement on such forms as the Department of Finance shall require in computing this fee due.

(3) [Repealed.]

Legislative History

30 Del. C. 1953, § 2907; 57 Del. Laws, c. 136, § 16 ; 57 Del. Laws, c. 741, § 14 ; 60 Del. Laws, c. 21, §§ 17, 18 ; 60 Del. Laws, c. 23, §§ 5, 6 ; 61 Del. Laws, c. 117, § 9 ; 63 Del. Laws, c. 314, § 9 ; 65 Del. Laws, c. 392, §§ 4, 5 ; 65 Del. Laws, c. 402, §§ 15, 16 ; 66 Del. Laws, c. 381, § 6 ; 67 Del. Laws, c. 261, § 11 ; 68 Del. Laws, c. 80, §§ 11, 14 ; 69 Del. Laws, c. 289, §§ 1, 11 ; 70 Del. Laws, c. 484, § 2 ; 70 Del. Laws, c. 489, §§ 19, 20 ; 71 Del. Laws, c. 351, §§ 9, 17, 26 ; 75 Del. Laws, c. 199, §§ 2, 21, 31 ; 76 Del. Laws, c. 282, §§ 11, 16 ; 77 Del. Laws, c. 83, §§ 15, 25 ; 78 Del. Laws, c. 73, §§ 26, 27, 43 ; 79 Del. Laws, c. 13, § 13 ; 80 Del. Laws, c. 195, § 20